Notes from practice · D.C. Superior Court
Unsealing your criminal record in Washington, D.C.
In the limited circumstances in which this is necessary, DC Code §16-806 provides for the unsealing of a criminal record that has previously been expunged/sealed....
Bureaucratic delays plague motions to seal
In a cynical attempt to elicit the court’s sympathy, the government blames Covid-19 for its delays in responding to motions to seal criminal records. Bureaucratic...
Are criminal records ever truly expunged?
Use of the phrase “expungement of a criminal record” suggests that the record in question is truly erased/obliterated such that it no longer exists. Whether...
How does the Covid-19 pandemic affect a defendant’s speedy trial rights in D.C.?
Because of the Covid-19 pandemic, the time between March 18 and November 9, 2020 will be “tolled.” In other words, it will not count when...
Expunging marijuana arrest/conviction in D.C.
Offenses that have been decriminalized (for example, the possession of a small amount of marijuana) present one of the most promising options for sealing or...
Dealing with the crazies in C10
With almost 100 people making their way through arraignment court every day, it is inevitable that there will be a melt-down or two. After all,...
Expunge your D.C. criminal record on grounds of actual innocence
The fastest and most effective way to remove an arrest from your criminal record is to file a motion alleging actual innocence under D.C. Code...
Open season on police officers?
According to a plain reading of D.C.’s new resisting arrest statute, you can lawfully resist your own Terry stop....
Will expunged record show up in an FBI background check?
In most cases, the FBI will – as a courtesy – comply with a state court’s order to remove a criminal record from the National...
Can I expunge a criminal record for simple assault?
A criminal record for simple assault in D.C. can be sealed either immediately on the grounds of actual innocence or after two years in the...
Will I have a criminal record after being arrested for prostitution in D.C.?
Everyone who has been arrested for a criminal offense in Washington, D.C. has some type of criminal record. This would include being arrested for prostitution/sexual...
How long does it take to seal/expunge a criminal record?
The process after filing normally takes four to six months after filing in D.C. This includes a 60-day period for the government to respond....
Can you seal/expunge a felony?
The first option for sealing a felony arrest in D.C. would be to file a motion immediately on the grounds of actual innocence under D.C....
What happens when a criminal record is expunged or sealed?
The court will typically order all relevant prosecuting offices, law enforcement agencies, and pretrial, corrections or community supervision agencies to remove all publicly available records...
The difference between expunging and sealing a criminal record
“Expungement” of a criminal record suggests that it is destroyed, thereby restoring the person to the position he/she occupied before the arrest. “Sealed” records still...